News & Analysis as of September 21, 2024

Testators

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Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

Navigating the Twists and Turns of Aretha Franklin’s Estate 5 Years Later: Lessons Under Texas and Florida State Laws

Fleurinord Law PLLC on 6/10/2024

Aretha Franklin, the legendary Queen of Soul, passed away on August 16, 2018 from pancreatic cancer at the age of 76 in Detroit, Michigan. She left a legacy marked by her incomparable music and talent, and a $6 million...more

SJC Finds Words of Survivorship Sufficient to Avoid Anti-Lapse Statute

Goulston & Storrs PC on 5/15/2024

Does the phrase “if they survive me” demonstrate a testator’s intent to avoid the Massachusetts Uniform Probate Code (“MUPC”) anti-lapse statute, Massachusetts General Laws Chapter 190B § 2-603? The Massachusetts Supreme...more

Capacity to Execute a Last Will and Testament

Stark & Stark on 3/20/2024

When an individual executes a Will near the end of their lives, or at a time that they are suffering from emotional or physical trauma, a question may arise whether the decedent had sufficient capacity to execute their Last...more

Challenging Testamentary Capacity in Texas

Freeman Law on 11/4/2021

When an interested party contests the capacity of the testator, what standard do courts use to determine the validity of a will? The recent case of Neal v. Neal provides insight. In that case, following her diagnosis of...more

Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will

Winstead PC on 6/7/2019

I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more

Probate Code Provides Ground Rules for Who Gets What from Wills and Trusts

Downey Brand LLP on 3/26/2019

Many California will and trust disputes arise from ambiguity in the document with respect to who is entitled to an asset. Maybe the document was hazy from the start or perhaps circumstances have changed such that the rightful...more

Personal Representatives and Fiduciaries: Executors, Administrators and Trustees and Their Duties

White and Williams LLP on 1/30/2019

The death of a loved one or close friend is a traumatic experience. In addition to the emotional anguish, those who are charged with dealing with the decedent’s personal and financial affairs following death are often left...more

The Requisites for a Valid Will in North Carolina versus Texas: Blinking a Testator’s Estate Plan and Execution of a Will

Cranfill Sumner LLP on 1/25/2019

Recently a Texas intermediate appellate court affirmed a trial court’s ruling to admit a Will for probate when the decedent did not personally sign it and only communicated his desires by blinking. In the Texas case, the...more

Testator Intent and In Terrorem Clauses

Farrell Fritz, P.C. on 1/18/2019

My colleagues have written on the enforceability of in terrorem clauses, and the courts continue to confront challenges in reconciling the testator’s intent to impose an in terrorem condition with the rights of beneficiaries...more

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